Nebraska Reports Volume 97

Nebraska Reports Volume 97

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...in definite language the conditions under which a landowner may be divested of title, cannot be changed by construction to meet varying conditions or to conform to the promptings of equity. If a purchaser may extend for a day the period of redemption, why not for a year? A notice to redeem "must contain the precise information re quired by statute." Thomsen v. Dickey, 42 Neb. 314. Referring to the legslation under consideration, it was said in State c. Ga/yhart, 34 Neb. 192: "The provisions of section 123 of the revenue law relating to the time and manner of giving notice are mandatory, and must be substantially complied with, or the holder of the tax certificate will not be entitled to a treasurer's deed." In considering the same section, the following language was used in another case: "To entitle a party to a tax deed, all the essential requirements of the statute must be complied with, and if any are omitted the title will fail. 1 Cooley, Taxation (3d ed.) 323, 324. As the statute requires the notice to be given at least three months before the time for redemption expires to entitle the purchaser to a deed, there was no authority to give such notice and obtain a deed after the expiration of the time fixed by law to redeem." Zahradnicek v. Selby, 15 Neb. 579. Courts in other jurisdictions hold that the purchaser at a tax sale, in giving the landowner notice to redeem, must comply literally with the statutory requirement to state "when the time of redemption will expire." In this respect the statutes of Nebraska and Illinois were the same. In both states the period of redemption expires in two years. In declaring a tax deed void under a sale June 1, 1885, because expiration of the...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236747720
  • 9781236747723